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OF
[0VERNOR GREEN CLAY $MjIH
TO THE
LEGISIA~'FURE OF MONTANA TERRITORY.
S,,~ ,,f te ('owneI. Tou.s of Represctaatives:
The pe,,ple of Montana have chosen you, after a full discussion of all
ht. ,111,lie, local and political questions of the times, to represent them
til.zila-ye A"etiv ' Asembly.
T.;. 'l-rritorv is large. comprising more than 172,800 square miles,
i ,.ulatioºn of probably sixty-five thousand souls, yet your num
ii,,ll: the whole welfare and advancement of this people in ag
- .1:'r al. mineral and mechanical, as well as in moral, intellectual and
I .i i11t res't. is entrusted to your deliberation, care and action.
..1 lule that the workings of territorial organizations are of
,. 1-qc ce : that their operations are of short duration, and that
-.:. t and will move alonmg in a given way; that responsibility
". . l :111d n, such rules should attain as are adopted in older corn
It is thou.ht that the transition from Territorial dependency
,. ýver,+inty is sudden and easy, and, until a Constitiution is
;,1,:I .,1! : State recg,,nized, thle obligations of civil and moral law
-It . inding.
I , true that dlifficulties, outrages and violations of law and good or
. ini the incipiency of government, and, therefore, it becomes
v t, rAesort, ,,ccasioal! v it may be, to harsh and exemplary
.:,., :i rcluireý, however, but a year or two to overcome this con
1 1' '.,"iety and, establish Zgovernment upon a proper and prosper
M,,:,ana1 hal- Iasse, thlrough her ordeal of troubles and outlawry;
. .,1,t.,l a -ilplc in which she is recognized as a great part of the
....,* 11t. and her people demand laws, rules and usages conforma
t,, ?,.. ('i ntitutituon nd sItatutes of the i nited State, whichl elevate
S,,..wi.tvy in the scale of rational and moral existence. *
S an hut observe the rapid strides this people have made within
,,, two, in all that refines, elevates and ennobles a people. But
. tree years since, the wildest disorder pervaded the whole Ter
S", e ,Nr',one carried his life in his hands; highway robbery, mur
. r. o~n andii theft were rife everywhere; but 'tis not so to'day; men
,re .afe in their lives, their liberty and their property; and, although
n.av ascribe this result to other causes than wholesome legislation,
, . lnv satilyv say that those who produceed order out of confusion,
i: c,,nfhr:ne,' to law heretofore, and now demand the most strin
- :{,1 ,flective laws at your hands.
I \ ,ril lamt. serious troubles were apprehended with the Indians in
inr l ,t"n tf the ;:llatin, :andl (en. Meagher, then Acting Governor,
S,,iin of the (;:overnm!i&'nt, called Ior troops, and it is with plea
I" 1 announee the pro:nl,tness with which men answered the call, and
1 t,, the front, giviny protection and security to the citizens of
• ti n o t the ,ouontr. Upon my return in June, I found the spi
: , .e. Indians. on the Yellowstone,warlike, and from all the intfrma
i u , procure, the necessity had not yet abated for soldiers to be
the trount; therefore, after placinig the militia on a military ba
. a deter:iiiiied to retain them in the field longer than had been
Si:.t: intendel. This force w:a kept at the firot until the first of
S when by orders from G(en. Terry, c nmding this Depart
t hey were mustered out.
} :, ,:ºi'levi to a:nnounce that a large number who had been mustered
.1' 1,..,.vic'e. upon11 receiving the order to muster out, disobeyed the
pi: vs'essed themselves ,of the quartermaster and commissary stores,
.. t o hundred and fiftiv horses and mules, and deserted. Every
,t;, : i was nle ) t pre'veint this disgraceful act. but to no avail ; and
Si. thir ldes~ rtion,l. all has been done that could he to arrest the men
,:. o?- ,.t,'r the property belonging to the Government. I am inclined
, .. ... .... .1..·-.1 ",.t haOv h ron pmm mtf itt,4I
',v -,o :ianv men lut tbr thile ilu)ard,110lde conduct of one HIughes, who
h, t hi-. inL-t iatr a:lll leader cof tlhe lnovement. The efforts of Colonel
i!.wie :1in] Ilieutenant-Colonel Nelsonl could not prevent the action of
, l1.rze au! well organtuized a land. What they did, was done secret
.. all unkwi to the ,otheerI until the timne arrived for the overt
II :al s'h a purp," ,itn certainly known, probably means could
.etn e, ala, l to :-to) it - )ut it 4'ame .uddenly, and could not be
prtub nti.
T, -he thier-. a:.d l t-n who an:wIred the call of the Territory,
S1,.1 ordtcrs, ant were mustere'd ,out properly, there is a debt ofgrat
;.I.,. whichl, I trust, the legislature will remember in appropriate
:., . in, and. if posilhle, make tmuore definite and impre.-ive by a
0, .abl..l a lori:'tioln t'Ir servi'ces relndered. In the absence of in
-.'.I 1 i,,. tli, il the )overl'lllillet, wlii'1 these illon were mustered out,
tat t. ,in n,, hamater hlere, I paid them off with horses and ra
:a,,- :* thr :n \:ws possible, s) that tlere remains but little, if any, due
S-,iAliers. while, lv thle course pursued, the delbt of the Government
44,.1 iimui l .eIile1. I have made these allusions that your atten
m , i ,n I.e particularly caltled to, this matter, and after you have fillly
;, ite i. l the subject., to memocrialize (Congress to make anappropri
:,t,,oII liluilate the. debt. The )ooks, records and papers of the Mili
1)41 Pl),,rtmOt are at your ,lispo-al for full and tree inspection.
i1 :!i n.(,111.tion. I mist .call you\,r attention tothe importance of a
Sit ..i.,t militiai law. It w:as urgIed. upon tlhe last Legislature,
-', - ,:n ,.:.c, fil, to r'eeih C tht.t notice so important a subject
ele:I, .,1. \. arme coIi-t :atly eC\l,'qoed to maraudilng and desperate
-,f t ,li:unn. amind it imaV occur at aiy tine that troops will be
1 . t, ldetft'endl cerr:tain por-tioni of the country. There must, then,
i, : .i\\ ftir thu :lctin l tof the Executi\ve whlen tlhe niecessity arises. The
.;. n4 .. .k i ) vi1 alt ll instrut'4iOn: ndi authority on this subject, and
Si ,.e. muimst ,e, somewhal t arl)itrary, or not done at all. The
t the last six months dlemoiistrlate5 the necessity of creating
. 't, Alju. :it- nerl. Qurterlast.ctr-(;eneral, and Comnissary
4 t.,. b. l , -iml Ie menm1bers (,f the (;,overnor's staff, and appointed
.v,. 1 .I re.,' .mu.. i. tha.t il r :. Ie paid , reasonable salary per
:t 1 ,\ ,r' lluElentt tor 1tt1 t0o 1 0 Ioil't ntoli, this.- Spring, t'wenity-five
, : Ir!40 l u kCt-:l andi accoutremients. and six pieces of artillery, with
.\ ..:,lrled a:lnd ti't v tlheº,llanll rounds of anhmmaUnition. One tlhousand f
' with ,n X11: ection of artillerv were deposited in 1lelena, with a
i ir l"irtin ot" amn t unition: tl I (ither Nwas biroughllt to this city. There
, -., I-:we ,f ..aetvt V r the-m.rms -id :uumuniition, I published a
S:-.,11 '-:l tir the building ,,f an arenial, :anid the contract was let to
. "ril-it h & Ti:1homn.t tr t wo thmousnd dollars in enrrenecy, .or
tl i,.uanid dillars in 'l'erriterial wa:rra:ltý, to be paid on the first day
) *,.e: .t'r niixt. I trust that the Legislature will at oie un9ke t he
i:'i tio'n' to meet this coitr:r't prlniptly. I would suggest htere
.e ap-prop)riation be itncreased tifteen hundred dollars, for the pur
" Iilling . "an "arnorvy for the small arms and artillery. They are
S: sm:all ae:dbin, ulnstfe, ant uneared tor. It will also be necessary
a'. t, a:thoritri to the Adjutant-General to appoint an Ordnance .er
Sti, take ch:ire of anil keep in good order these arms. lie should
iv : .:al:arv ot tifty dollars per mouth.
l'iTiee su~~g stiollns of appropriations will. ,loubtle's,. lead you to in
i ,,'the tinan:es of the Territory.
l'ilte Au litor's report. which is submitted herewith, slows thle follow
i_," t'acts:
N umber of acres of land under cultivation, 166,340; valued at $34.,
l , ; `22 town lots, valued at $827,919; capital employed in merchan
dlite, U1,102,574; money and credits, 8546,502; valuation of horses,
171,217 ; mules and asses, $221,488; oxen, $549,79 ; cowsand calve.,
$255,072; sheep, $15,430; swine, $48,884; clocks, watches, etc., $42,
'59; all other property not enumerated, $758,698; makin a total of
$i,308,1 18.
issued to November , 1, 1867, Sgiit $4 ;-6, 8
_11 j2;Lea t. oftle -ertory on
The above do not include thWb1ditat ed \ @ss, wibP asrq
being develo and which are of Incalculable value.
The Tssesarer~s report is submitted to you for y information.
Perhaps no subject of greater im o ty ter.t of the Ter.
ritory can present itself to this -i ,. .
finaneep. Aso.nd financial Po will dictate that neither of the ex
tremes of too m ,t,'wr itllgfI taxatfitfr Whtbe6* be&Mlils Mee Ihq
former encourages, in dAicers, a laxity in. .bget of their duties,
and from the latter fow the evils iaeadet a"cit i
preciated warrants, an indebtedness constitly:e sig and finally
perpetual intaep4rawipg funded debt. Wise l tor will eiok to
so establish a system of taxation that the duties le. ed,.f a. r as nearly
aR ab may be, mre ~t , meet current expesnea, 'hi1m edon
fined to the honest limits consistent with an inteligent and" liberal.
public policy.
The*rvenue derived *fon licenses, granted to persons engaged in oc
cupations, for the carrying on of which taxes are imposed ~y existing
laws, falls so far below the anticipations of the ftraimers of those laws,
that it is the obvious duty of this Legislature to institute inquiry into
the reason thereof, and if possible, to apply a remedy
From an examination of the lists on file in the oioe of the United
States Collector, I have compiled the following statement, showing the
number of persons engsged in each of the sevetal occupstiohs upon
which taxes are imposed by the laws of this Territory, and which are
also taxed under the United States laws,together with the total amount
of revenue to be derived from these various sources, provided.all were
collected :
OCCUPATION. ku, r Am
Assyers...... m......... ................... .......... 5 $ 15' 75
B.nkers, etc., let class . ............................... . . 12 1000 1,200
Auctioneers ..... ........ ....................... ..... tI . O 1.260
Artists, Daguerrean ... ................. ........ 3 151 45
Billiard tables.......... . .............. 45 20 900
Butchers ...................................... .............. 68 5 340
Brewers and manfactnrers of soda water.................... 27 30 810
Dealers, 7th class....................................... i 4 60 240
Dealers, 8th class ........................ .............. 18 4 585
Dealers, 9th class ....................................... 86 0 1,080
Dealers, 10th class.......................................... .$1 51 8.65
Taverns selling liquor. .... . ............................ 29 50 1,40
Taverns sefling liquors not within 3 miles of an incorpoatgd
city or town........................................ 8 15 400
Other persons selling liquors in or near incorporated towns., 188' Of 9,400
La=ve rs and professionel men............ ............... 74 5 370
Livery stable keepers..................................... 46' 15 690
Traveling peddlers with pack.............................. 1 15 210
Traveling peddlers with wagons.......................... 18 30; 540
Houses of entertainment not classed as taverns............. 64i 100 640
Total licenses per quarter..................................... $28,580
Total for one year............................................ $114,320
In addition to the above, a license duty is imposed upon the follow
ing occupations (the number ofpersons engaged in which may not be as
certained from the United States Collector's list, no tax being imposed
upon them by United States laws,) to-wit: Gambling tables, hurdy
gurdy houses,ranchmen and boarding houses. The license duty upon these
occupations, together with the tax upon !ive stock brought to this
Terrtory, would increase the total amount as above, to not less than
'*125,000.
The amount actually collected from persons engaged in these various
occupations falls so far below this estimate that an investigation into
the causes of the discrepancy is demanded in justice to those of the
people of Montana who promptly pay their taxes when due, and who are
doubly taxed to make up for those from whom no tax is collected.
Mr. N. P. Langford, the United States Collector of Internal Revenue,
informs me that, ofall the lists of assessed taxes deli ved too him by
the United States Aiseor, during the departmental fiscal year, ending
June 30th, 1867, he has collected upwards of ninety-nine and three
fourths (994) per cent. at an expense amounting to less than the com
missions allowed by the statutes of Montana to county Colletors for
collecting-and that this extraordinary result has been attained with
out process of law, save in ten or twelve cases.
. This result exhibits what may be accomplished by promptness in the
discharge of official duty.
It is, doubtless, well known to you that the United States Collector
is under bonds to pay into the United States Treasury every dollar of
assessed taxes, or to present to the Hon. Commissioner of Internal Rev
enue, proof, by disinterested parties, that the uncollected taxes could
not have been collected at the time they became due. If such satisfac
tory proof is not tfurnished, the nimney must be paid over by the
I an. persuaded that unless'some systemn similar to that adopted by
the United States is put into operation in Montana, but little improve
ment in the condition of our Territorial Treasury can be evpected. Let
an Assessor for each county be appointed, whose compensation shall
consist wholly of commissions on collections, and whose duty it shall
be to make a all assessments and deliver the lists, semi-monthly, to the
Colec'tor, who shall sign duplicate receipts for the amount of the same;
the original of which shall be transmitted to the Territorial Treasurer,
and the duplicate to the Territorial Auditor.
The Collectors of the several counties should then be required to en
ter into bonds to pay, over monthly, as collected, to the Territorial
T_'reash.Lurer, the total amount of collectionu, and complete and render a
final accounit of each list within six (6t) months after receipting fot the
same, or furnish such evidence as will satisfy th1e Territorial Treasurer
an:d Auditor of the uncollectability ofany portion of any assessed list,
that may not be collected.
If ninety-nine and three-fourth percent. of the assessed taxes can be
collected under the Internal Revenuc law without resorting to the penal
provisions, save in a dozen cases, a .ix law under whicK the county
collectors collect but thirty per cent. and still do their whole duty, must
mnanifestlv be defective.
It may be well for me at this point to call your attention to the fiat
that, to provide a uniform currency for the Territory, is a subject
requiring legislative action, and in considering this subject there are
more weighty reasons to guide legislative action than simply a desire
to fturnishi a uniform and convenient n.ediumn of money circulation. The
hi stor oft' all gold or precious metal producing countries is, that the
prim:ary period is one of excitement, created and kept alive within
itseltf :andl drawing to itself new population and enterprise by reason of I
this mell-creating capital-excitement. But after this period has passed,
then comes- the period of slow but permaneut development and increase
of wealtil and prosperity. During the first period, any medium which I
may be established by local custom as a circulation of money value, is j
fbr all purposes adequate and sufficient; but when the second period I
comes, there is more essential and postive demand for an established
currency which emanates from and is recognized by the great central I
head of the country to which the predous metal territory may belong,
and essentially is this the case with us
Rich we are, to almost an excess, in that species of property which
imperatively demands extraneous capital to develop and make it produc
tive. The gulch, or alluvial deposits, slso demand capital to make them
remunerative, not only to the immediate operator, but to the country.
1 Working them bysingle claims through individual erterprise has ceased
to yield the rich reward which the prospector is always seeking. But
quart;, the main source of wealth to the Territory, requires a vast
amount of capital for machinery= aid developing pmuosed befores yield
at all can be expected, and the great questaon 1q wJich we are all so
large and immediately interested is, where 4i this capital to come from ?
The evident pmrwer is, from the Jst. There is to-d in te. ast an
accumulation of mueiployed capital waiting iw legitimate mvestnsmt
far-beyond the rqreuasments of t]h. Territory, e . sgold and silver
producing country of te world. But this ai: is not in gold, or
gold dust, but i the Juaitd States gwk au and it gwill
afofac for allt
.. .Z i.f ss will soon be within a few day.'
"neberc n~a of "s1W.we we.Toc idnde
fi od adW tifr mines, ld cities and villages,
i " ad" e ýqu itsi, h ei mustf, ite fie it
soarte ireAdoeLy crrency of the '.rritesy. Lset th e oa * -
gleears whiswil illustrate the p sp wieh IWishr : A
i e se for the ag et esp pro it alisuter uo g
p ti in t t and developing quarttproperto. IThey
stj.I for b L deve g of property, wood and
ailertger inoeasies for the p itlno ai the preor"te metals. The
estlmaem n ihe c but the differeane is- t tms le betweesr the
value ofm'sreebascs anda gold dust in Montana. Before they invest
their money, however, the diuibrence is suggested, and they find that
.upon te un4red i thoQusad dollars, the amount required before the
mnue is made productive, there is from fifteen to twenty-five thousand
dbllars diSerencte gainst the capitaliss. This causes them to refuse
investmntt; f9r one of the main causes of profit calculated upon by cap
italista on their investments in gold or sil ver mining operations, is the
percentage in their favor of dioerene in the value of the metal pro
auced and the currency eapital invested by them. That we should use
"every means as individual citizens, and in our collective capacity. by
legislation, to offer inducements to capitalists to invest among us, and
to protect them in their rights, is undisputed.
Les us, therefore, by legislative enactment, come into communication
with them direct by recognizing the greenback currency as the only
curency of this Territory for the purposes of trade, traffic, piying of
judgments, satisfying executions, and in every manner transacting the
business of this Territory.
Another reason why thi should be done is one of a purely local na
ture. The gold produced from gulches, and by retort from quartz, dif
fers greatly in value, so that it is almost impossible (unless to those
engaged in banking or some business of that nature) to ascertain the
value of that which they are receiving at a fixed standard, so that at
last when it is withdrawn from "' trade circulation " and reduced to its
intrinsic value, the last party holding must loose. And further than
this, the great inconvenience in transacting business is a strong reason
in favor of the greenback currency. Notes are given payable in so
many ounces of gold dust, not paid at maturity. Dust is bought when
it becomes necessary to reduce it to currency in order to enter up judg
ment. This and many other inconveniences will suggest themselves to
those who are engaged in the every day pursuits of life.
Your attention is directed particularly to the subject of common
schools. It is scarcely necessary for me to discuss this matter. Educa
tion should be provided for every child of whatever condition; and it
is confidently believed you will pass such laws as will open the way to
all to improve the mind and thereby become reputable citizens in the
communmty, and assist in the great work before us of forming govern
ment and improving society.
The Superinntendent's report is submitted to your consideration,
which shows much neglect throughout the Territory on the part of the
county superintendents. You would do well to amend the law, or paes
such as have been prepared by the Superintendent, by which men who
choose to accept these offices will be forced to do their duty, and the
interests of that department put on a firmer and more prosperous
basis.
At the last session of the Legislature, I recommended the passage of
a code of practice for the Territory. All the lawyers and those who
were interested endorsed the California code. Its adaptability to this
country is beyond question, and I do sincerely hope you will adopt it
at this session. I refer you to the remarks I made one year ago to the
Legislature upon this subject.
The laws of the Bannack Legislature are imperfect, and the com
pilation still worse. You are looked to to make the necessary correetioas.
In regard to the funding law, passed last November, I was directed
to have the bonds printed. Tihis I did at the Treasury Department
before the laws were annulled. The Territory is in debt nearly one
thousand dollars for that work, less four hundred dollars advanced by
the Treasurer. This law can be made op~rative by re-enactment, which
I have no question you will do. Upon this subject I may, in a short
time, send a special message to your honorable body. I deem it sufli
cient at this time merely to suggest measures which will be subjects of
legislation.
The government also has appropriated, out of the Internal Revenue,
forty thousand dollars per annum for three years for the purpose of
building a penitentiary. It is altogether important that you should
take immediate action on this subject to have a portion of the building
put up, to save expense to the counties, the Territory and the govern
ment, and secure punishment to the criminals.
Congress, at its last session, by an act which is herewith submitted,
annulled the laws of the Territory passed at the sessions of March and
November, 1866, and February, 1867. Without discussing the causes
which led to this interruption of the laws passed by the will of the peo
ple, and only remarking that I am sure it was the result of political feel
ing alone, I hope the Legislature will, without hesitancy, proceed to
re-enact all the laws heretofore passed not prohibited by the act of Con
gress of March 2d, 1867.
Congress, at the session of 1866-67, created the office of Surveyor
General, Register, and Receiver of the Land Office: These officers are
i.. the Territory, and I submit to you the report of the Surveyor Gen
eral. You will perceive, by his report, that some difficulty exists asto
the boundaries of counties, and the necessity of immediate legislation
on the subject, in order that citizens may know in what county they
live and where their taxes must be paid. I apprehend there would be
but little difficulty in establishing natural boundaries, and such as will
differ but little from those created by an act of the Bannack Legislature
of February 6th, 1865. How this work is to be done, I submit to you.
Yet an appropriation will be needed to effect it, and I trust it will be
made.
I cannot conclude this message without reminding you somewhat of
the character of this country, in its agricultural and mineral resources.
Last spring Proftissor Swallow, a geologist of great reputation and
science, reached here; and after traveling over the entire country, upon
my request, sent nme a report which is appended hereto.
I also called on Professor Eaton, a gentleman well known by the peo
ple of Montana for his intelligence and science, and known also through
out the United States, who faivored me with his views of the resources
and character of the Territory.
Professor Steitz, who has resided here for several years, and paid
great attention to the ores and soil, was not able, having just returned
from the States, to give ime a full report; but I publish, together with
the reports of Professors Swallow and Eaton, his letter, which shows
great confidence in the future of the Territory.
These reports so fully set forth all thus far discovered and what there
is in sight, and what can be brought out, that I deem it uanecessary for
me to say more than to ask you to examine them and act as your judg
ment may direct.
Knowing that I have imperfectly presented to you the interests of
the Territory, and such views as have been laid before you, I have the
utmost confidence that you will do your duty well and to that end I
promise my hearty and faithful co-operation.
GREEN CLAY SMITIL,
Governor of Montana Territory.
ViRuNIA CIrry, November 5, 1867.
OREBOENT HOTEL.
WAL.LACR ST.. VIRGINIA CITY.
(BrtA VAN Butt ead B.adway.)
M UW QUWiAU, - - Wu'.tufegwr.
Thbb. MsWill be meted m d @ppme to the
i. MONDAY. OCT. 28,
Ti UU fbt to t &h.y "W, aad fasaI3d ts tnt
ýdh k hA tiuN bsaA $. IrY P5 lkl
J. s. .LAUtAINE,
_ig Hole Bridge,
On the most direct rose from Virgi.ta City to SUVer
Bow, keeps on hand
A LARGE SUPPLY
- or
PRO VISIONS AND GROCERIES.
IarassMmmr PRmVIDD FOR TLAVELIIZ
A rINe STAB3L
h mased" to my se samd hases aed gsAe wi
reseve tbe best A omsm. 33